Family proceedings and immigration cases

An important case from late last year has so far escaped comment here on Free Movement but deserves special mention: MH (pending family proceedings – discretionary leave) Morocco [2010] UKUT 439 (IAC) (28 September 2010). In it, the Upper Tribunal confirmed the currency of the earlier Court of Appeal of MS (Ivory Coast) v Secretary of State for the Home Department [2007] EWCA Civ 133 and held that where there are ongoing family proceedings involving children, an immigrant should be granted a period of Discretionary Leave. Once the outcome of the family proceedings is known this then enables the immigrant to apply under paragraph 248A of the Immigration Rules if such an application is justified by the outcome of the family case. Continue reading “Family proceedings and immigration cases”